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Fri 16 Apr, 2004 08:24 am
Italian Prime Ministre Silvio Berlusconi [
(official bio) (unofficial bio)], who also happens to be Italy's richest man, has gone back on trial in Milan after the country's Constitutional Court ruled that a new law granting him immunity from prosecution while he held office was unconstitutional. Berlusconi is charged with trying in the 1980s - before he entered politics - to bribe judges deliberating on a business deal.
Quote:Italian PM's fraud trial resumes
Italian Prime Minister Silvio Berlusconi has gone back on trial on corruption charges after an immunity law was rejected earlier this year.
He is accused of trying to bribe judges to influence a business deal.
Hearings began in Milan in front of a new panel of judges, which is expected to take two months to wade through evidence collected over three years.
The charges are the most serious Mr Berlusconi has faced in nearly 10 years of investigations.
Mr Berlusconi's lawyer, Nicolo Gheddini, told the BBC he hoped the trial would be "wrapped up as soon as possible".
"Seeing as the verdict will be positive, we're really not afraid," he said.
"Although obviously to have a prime minister on trial is never a positive thing," he added.
Colleague cleared
Prosecutors allege Mr Berlusconi, Italy's richest man, tried to scupper the takeover of state-owned food group SME by a rival firm in the 1980s, before he entered politics.
The prime minister firmly denies any wrongdoing in the case and says left-wing magistrates are trying to undermine him.
His trial was blocked in June last year after parliament passed government-backed legislation granting the prime minister and other top office holders immunity from prosecution.
Critics accused the government of introducing the immunity bill to save Mr Berlusconi from the embarrassing possibility of a conviction while Italy was chairing the presidency of the European Union.
Mr Berlusconi had already attended court in Milan to give evidence in his defence.
The prime minister's trial was halted, but proceedings continued for other defendants in the same case.
A close associate of the premier, Cesare Previti, was cleared of charges of bribery, but received a five-year sentence for putting cash in the pocket of a Rome judge to maintain friendly relations.
He is now appealing against this verdict.
In January, the Constitutional Court ruled that the law violated Italy's constitution.
Competing issues
The re-start of the trial is now another headache for the Berlusconi government.
It seems the verdict could fall at the most inauspicious time, coinciding with European elections in June.
Mr Berlusconi's supporters think this is no coincidence.
"The purpose of this trial is to damage the prime minister before the elections begin," said Senator Lucio Malan from the prime minister's Forza Italia party.
"But this trial is an opportunity for us to sort this out... I'm not worried."
Mr Berlusconi's ruling centre-right coalition, already dogged by bitter infighting, has been further strained by the Parmalat scandal and a struggling economy.
The premier now finds himself under attack for failing to deliver on election promises and for his continued support for the war in Iraq in face of anti-war domestic opinion.
But there is a question mark over how damaging the trial will prove for the Italian premier.
To see politicians, even the prime minister, on trial is nothing new for Italians and many analysts suggest that, in the light of the current hostage crisis in Iraq, the Italian people have other things on their minds right now.
SOURCE
Thanks for the info, Walter; I hadn't see this before.
Let me add here this quote from today's New York Times, on another matter that affects Berlusconi's local election efforts:
Killing of Thief Stirs Debate in Italy on the Limits of Self-Defense
By JASON HOROWITZ
ROME, April 24 ?- The case of two Milan jewelers who chased, shot and killed a thief after he smashed their storefront with a sledgehammer has touched off a national debate about where self-defense ends and a new crime begins.
Prosecutors are weighing murder charges against the jewelers, and the issue of their culpability has struck a social and political nerve here, leading thousands of demonstrators to march under banners reading, "We're with those who defend themselves," and prompting politicians to debate the issue of whether Italian justice is too soft on crime and too hard on its victims.
In a poll released Friday by the weekly newsmagazine Panorama, more than 70 percent of those who responded said current law was unfairly balanced against those trying to protect themselves.
Some of the harshest criticism has come from the country's justice minister, Roberto Castelli, who said the penal code was "unbalanced in favor of the criminal to the detriment of honest people."
The issue has surfaced at a delicate time for Prime Minister Silvio Berlusconi, who was swept into office in 2001 in part on a campaign promise to crack down on crime. He faces local elections in June that will test his popularity.
The pointed guns now featured on magazine covers, the television talk shows discussing the Milan case and the subsequent killing of a tobacco vendor in Rome in a robbery ?- as well as studies showing a 10 percent increase in all reported crime in 2003 ?- run contrary to the crime-fighting image he is seeking to project on his election posters.
Mr. Berlusconi's political adversaries are already taking him to task for not keeping his promise, but some of the most vocal critics come from within his own governing coalition.
"Crime is high, and the punishment is too harsh for those who react against it," said Alessandro Ce', a member of the lower House of Parliament from the conservative Northern League, which is no stranger to stirring trouble in Mr. Berlusconi's government.
This week, the Northern League, to which Mr. Castelli also belongs, presented a proposal in Parliament that would severely reduce the legal consequences under existing law for people who are prosecuted for using what is considered excessive force to defend themselves.
Under the proposal, self-defense would be expanded to include the use of firearms in protecting private property in one's home or place of business. Agitation, fear or panic would also become acceptable excuses for shooting an intruder, even if he was fleeing.
Although existing law condones extreme forms of self-defense, the rule of thumb is that the defensive act must be in correct proportion to the crime.
"If someone breaks into your home or store, how do you judge, in five seconds, in the dark of night, what the correct proportion is?" Mr. Ce' asked. "The presumption of innocence should go to the good citizen."
Some political analysts and legal experts have accused the Northern League of trying to exploit voters' fears about rising crime to promote their anti-immigration platform for the June elections. The thief in the Milan case was an illegal immigrant from Montenegro.
"It's a typical electoral issue," said Luigi Arturo Bianchi, a law professor at Bocconi University in Milan. "The Northern League wants to show that it is tough on crime."